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NeCede's

Maxim 6.5.25

What one has paid knowing it not to be due, with the intention of recovering it back, he cannot recover back.

Source: Dig. 2, 6, 50; Weisman, 28w; Weisman, 35x Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) One who pays money knowing it is not owed, intending to reclaim it, cannot recover — the voluntary payment with knowledge of the facts bars restitution.

Where this applies

  • A man deliberately overpays his property taxes knowing the amount is wrong, planning to sue for a refund, but the court bars recovery because the payment was voluntary and knowing.
  • A customer pays an inflated invoice on purpose, intending to demand restitution later, but the court denies the claim because she knew the charge was excessive when she paid it.
  • A business makes an unnecessary payment to a government agency with the intent to reclaim it as a test case, but the court says a knowing, voluntary overpayment cannot be recovered.

Legal domains

Cite this maxim

NeCede Max. 6.5.25 — What one has paid knowing it not to be due, with the intention of recovering it back, he cannot recover back. — Dig. 2, 6, 50; Weisman, 28w; Weisman, 35x

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